Patna High CourtCWJC/13177/2017disposed

Bihar Pradesh Sanskrit Mahasangh And ANR v. The State Of Bihar And ORS

2017-11-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13177 of 2017 ======================================================

1. Bihar Pradesh Sanskrit Mahasangh, Society Registered Under the Bihar Society Registration Act through its Deputy Secretary Komal Pandey, S/o Late Chandrika Pandey, Resident of MohallPunaichak Old Post Office Gali, P.s.-Shashtri Nagar patna.

2. Sri Janki Primary-Cum-Middle-Cum High Schools, Karwa, Aander through its Headmaster Vijay Prakash Pathak, S/o Late Mohan Lal Pathak, Resident of Village-Ashab, P.s.-Aander, District-Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar Secondary Education, Human Resources Development Department, Government of Bihar Patna.

2. The Principal Secretary, Seconday Education, Human Resources Development Department, Government of BIhar Patna.

3. The Secretary, Secondary Education, Human Resources Development Fepartment, Government of Bihar Patna

4. Deputy Secretary, Secondary Education Human Resources Development Department, Government of Bihar Patna.

5. Special Director, Secondary Education, Human Resources Development Department, Government of Bihar Patna.

6. Deputy Director Secondary Education, Human Resources Development Department, Government of Bihar Patna.

7. The Chairman, Bihar Sanskrit Shiksha Board, Patna.

8. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Singh, Sr. Adv.

Mr. Shankar Kumar Thakur For the Respondent/s :

Mr. A.R.PANDEY -AAG15 For Board : Mr. S.S. Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-11-2017 Regard may be had to the order, dated 09.11.2017, passed in this case, whereby the Court had wanted the State Government to file an affidavit as to whether pursuant to the notice, dated 13.07.2017, which is impugned, the District Magistrates had sent their opinions or not. The District Magistrates were directed to send their opinions

Patna High Court CWJC No.13177 of 2017(4) dt.13-11-2017 2/2 in terms of the said communication, dated 13.07.2017, if not already sent.

Though no counter affidavit has been filed in compliance of the said order, dated 09.10.2017, learned counsel for the State informs that the reports of the District Magistrates have in most of the cases been received.

Learned counsel for the petitioner in that background submits that the petitioner shall not press for quashing of the letter, dated 13.07.2017, but would request the Court to direct the respondentBihar Sanskrit Siksha Board to take a decision and act upon the opinions received from the District Magistrates in the light of the order, dated 09.10.2017.

This application is, accordingly, disposed of with a direction to the Respondent Nos. 7 and 8 to ensure that decision in respect of recognition of the Sanskrit School is taken, once the opinions from the concerned District Magistrates are received within a reasonable period of time, preferably within a period of three months from the date of receipt of such opinions from the District Magistrates. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U